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It means what? >> here it could mean mean for example freddie gray the driver knew he needed medical attention. the driver should have and the driver did not even attempt to give freddie grey any medical attention. that could be the legal theory of 2nd degree murder. it could be. >> and you would to show that he knew not rendering that aid could kill him. >> yes. at this point which don't know we have to right now wait until we have all of the information because what we should fought do even if i'm thinking as a defense attorney what we should not do is speculate. even as a defense attorney i...

Ability. you could say this is what they do this is how they are trained, this is how they react. from a defense perspective, maybe they are not adequately trained. maybe they engage in an activity which they felt they needed to do to bring him under control and weren't doing anything intentional. maybe it's just negligence. whether they carry the day is another matter. >> thank you so much. we'll check back with you later on. again, people are starting to stream into the park here right outside city hall for an interfaith service and rally that will take place later on today. also she is no...

Evidence. that's more background biographical information. >> what about the information of dzhokhar tsarnaev taking the stand, going to be asked by the judge if he understands that and he can address the court that he has that option. if he really wanted to die, do you expect that he would -- which is what he said in the note that he left in the boat when he was captured, do you think he's going to get on the stand and say that? >> i really do not. i don't think he'll get on the stand at all. i think it would be counter productive from a defense perspective to put him on. whenever you put you...

Deliberations in murder case in this district are between four around six days. this was on the outside envelope of those six days. this watts seventh days. i'm telling you guys, i'm sure the prosecutors were sweating the last couple of days. >> they were sweating because even those of us that watch these things, i expected him to walk. >> you did. >> took this long. did you think they would come back with guilty verdict after seventh days. >> i thought it would be hung jury. judge, when you're in that position, i would call this overwhelming evidence even though it was circumstantial, as a de...

Some other issues. well, that's very even difficult to establish. you're meeting with informants, engaging in a plot. you're posting facebook items. you engage yourself into the military. you enroll and enlist in the military. and so that seems to be pretty strategic and premeditated. generally from a defense perspective, what you're always looking to do here is not get him out of this but looking to mitigate, in some way, maybe make a deal that would spare him from what he's facing, which is life in jail. will that be possible? that's the open question. but that's how you're looking to attack...